Michael L. Baum

Partner

Mr. Baum represents parties in employment related matters in both state and federal court based on: wrongful termination and discrimination in the workplace (age, race, gender, pregnancy, national origin, religion and disability); cases involving claims of unpaid overtime under the Fair Labor Standards Act; and cases involving alleged violations of the Family Medical Leave Act.  Mr. Baum frequently handles disputes arising out of non-competition agreements and employment contracts.  Mr. Baum regularly counsels corporations on employment policies; employee discipline; employment investigations; and strategic employment decisions, and drafts employment policies and non-competition and severance agreements.

In addition, Mr. Baum handles complex business litigation, including breach of contract, tortious interference, theft of trade secrets, partnership disputes, fraud, breach of fiduciary duty, and business disparagement.

Mr. Baum has extensive jury trial experience and has successfully arbitrated employment related matters.  The following are a few of his recent successes:

Representative Matters

• Successfully defended, in a case tried to jury verdict, a bakery products company in a Sabine Pilot suit brought by a former employee alleging he was wrongfully terminated for refusing to perform an illegal act.  Wilson v. Best Brands.
• Successfully defended Nordstrom in a three day arbitration against a former employee who alleged Nordstrom, in firing him, discriminated against him on the basis of disability in violation of the ADA and retaliated against him for having taking intermittent FMLA leave; the arbitrator ruled in favor of Nordstrom on all claims and awarded zero damages. 
• Successfully defended Monitronics, Inc. in an arbitration hearing against a former employee alleging race discrimination and retaliation; after a two day hearing, the arbitrator ruled in favor of Monitronics on all claims and awarded zero damages.
• Obtained favorable settlement for a Subway franchisee in a FLSA action involving claims of unpaid overtime.
• Obtained summary judgment for a Denny's Restaurant franchisee in an alleged race discrimination and retaliation case.  Chalk v. Denny's 
• In a breach of contract suit, obtained a jury verdict in favor of his client against a former president of the company who had borrowed capital and later quit, but did not fulfill his contractual obligations under the terms of contract.
• Successfully defended, in a case tried to jury verdict, a motorcycle manufacturing company accused of failing to provide a safe workplace for its employees.  The jury unamimously found no negligence on the part of the defendant company.  Kilmer v. American Ironhorse Motorcycle Co.
• Successfully defended, in a case tried to jury verdict, an aluminum extrusion company accused of wrongfully terminating its comptroller for refusing to perform an illegal act.  Weil v. PSI Industries.
• Following a four day arbitration, obtained a take nothing judgment on behalf of Omni Hotels in a suit alleging the Plaintiff was fired on the basis of race.
• Obtained summary judgment on behalf of a senior living care facility accused of discriminating on the basis of pregnancy in making decision to terminate resident care supervisor.  Allen v. Twelve Oaks Management, Inc.  

Memberships

• Dallas Bar Association, Labor & Employment Law Section
• State Bar of Texas, Labor & Employment Law Section

Noteworthy

• Selected Texas Rising Star by Texas Monthly and Law & Politics
• Named a Best Lawyer Under 40 by D Magazine

News

• Baum, Jackson Trial Win for Employer on Termination Involving Handgun In Workplace
• Wallace and Baum Successfully Defend Nordstrom in Wrongful Termination Case
• Michael Baum Quoted in Dallas Business Journal on Overtime Issue
• Trial Win for Baum, Jackson in Ellis County
• Arbitration Victory for Wallace and Baum in Defense of Monitronics
• Wallace and Baum Win FMLA, ADA Suit for Nordstrom